Being hurt on the job is stressful enough without the fear of workers’ compensation retaliation by your employer. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers have fought for the rights of injured workers in the greater New York City area for more than 30 years and have seen too many cases where workers have been treated unjustly after filing valid workers’ compensation claims. Whether you were fired, your hours were cut, or you’ve been penalized another way, you have the legal right to fight against retaliation by your employer. Here’s what you need to know about the law and how to prove retaliation in the workplace.
Understanding Workers’ Compensation Retaliation
Retaliation occurs when an employer punishes a worker for engaging in a legally protected activity such as filing a workers’ compensation claim. Employer retaliation happens in many different ways, including:
- Wrongful termination
- Demotion
- Undesirable job reassignments
- Reduced hours
- Pay cuts
- Unwarranted negative performance reviews
- Disciplinary action without cause
- Exclusion from training or advancement opportunities
- Harassment or creating a hostile workplace environment
Although employers often claim that their actions are legitimate, the timing of a bad performance review, reduced hours, or other retaliatory actions often tell a very different story. Our workers’ compensation attorneys in Staten Island know how to investigate your case and put all the evidence together to prove retaliation in the workplace and help you fight back against unfair treatment.
Employer Retaliation and New York Law
Under New York Workers’ Compensation Law, it is illegal for an employer to fire or discriminate against an employee because the employee has filed or attempted to file a workers’ compensation claim. Retaliation against an employee who has testified or is going to testify in a workers’ compensation hearing or another related legal proceeding is also against the law.
Workers’ compensation law is designed to protect employees’ rights and ensure they can file claims without fear of losing their job or facing other repercussions. An employer who retaliates may be ordered to reinstate the employee, provide back wages, and may be liable for other damages as well.
Proving Employer Retaliation
Proving workers’ compensation retaliation isn’t always easy, but our workplace injury lawyers know how to build strong cases using many different types of evidence. One of the most vital elements of proving retaliation is demonstrating the timing of poor treatment or other negative actions in relation to when a workers’ compensation claim was filed. Make sure to keep a record of each retaliatory act that includes dates, specific details, and information about any witnesses.
It’s vital to document all communications between you and your employer, including emails, texts, disciplinary actions or write-ups, performance reviews, and notes about any conversations that took place. If your employer’s reasons for their actions doesn’t line up with your work history or other facts, it’s worth noting. For example, were other employees treated differently for similar conduct? Was your job eliminated but your employer hired someone to fill the position after you were gone? Were you ever written up before filing a workers’ compensation claim, or only after?
If any of your coworkers or supervisors witnessed your employer’s retaliatory actions, their testimony can support your claim for workers’ compensation retaliation. It’s important to reassure them that they only have to tell the truth about what they saw or heard, and that their rights are protected under the law. Our workers’ compensation lawyers can help you gather evidence and speak with witnesses that may be able to corroborate your claims.
What to Do if You Suspect Workers’ Compensation Retaliation
If you believe your employer retaliated against you, there are steps you can take to protect your rights and hold them accountable. Under New York law, you have the right to file a complaint with the Workers’ Compensation Board (WCB). Your complaint must be filed within two years of the retaliatory act, which may seem like a long time, but it’s important to take action as soon as you can.
Valuable evidence can disappear and witness memories may fade – the longer you wait, the more difficult it can be to prove your case. If workers’ compensation retaliation is proven, your employer may have to reinstate you to your position, pay lost wages, cover your legal fees, and may face other penalties.
Our Staten Island workers’ compensation attorneys are familiar with the WCB, local courts and judges, and others who work in the system. With more than 30 years of experience, we know how to investigate workers’ compensation retaliation claims and work toward the best possible outcome for your case.
Why Choose Us for Your Workers’ Compensation Retaliation Claim?
Proving workers’ compensation retaliation requires the legal knowledge and skill to gather relevant evidence and create compelling arguments that support your claim. Some steps our workers’ compensation lawyers may take include:
- Reviewing your employment history and performance evaluations
- Interviewing witnesses and coworkers
- Subpoenaing documents your employer may try to withhold
- Presenting a convincing case to the Workers’ Compensation Board
- Negotiating on your behalf and fighting to get a fair settlement
- If necessary, filing additional civil claims for damages
Our team understands that employer retaliation can leave you rattled and afraid of speaking up. Our Staten Island workers’ compensation attorneys offer compassionate, tenacious legal support you can trust. When your livelihood is on the line, you want an attorney who knows workers’ compensation and employment law inside and out.
Our workers’ compensation attorneys are skilled at identifying and proving retaliation, even when employers try to justify it. We stand up for your rights and help you push back if your employer tries to intimidate you. We believe that all workers in the greater NYC area deserve to be treated with dignity, not punished for exercising their right to workers’ compensation benefits.
Your initial consultation is always free. Our workers’ compensation lawyers listen to your story, help you understand your options, and fight to protect your rights. Attorney and Partner Rolando Cubela is dedicated to serving our Spanish-speaking clients with fortitude and respect.
Contact Our Staten Island Workers’ Compensation Attorneys Today
If you suspect your employer has retaliated against you for filing a workers’ compensation claim, our team at Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ compensation lawyer in the greater New York City area.
